Kimberly Bowman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2014)

On October 17, 2013, Kimberly Bowman filed a petition seeking compensation under the National Vaccine Injury Compensation Program for tendonitis in her left shoulder, which she alleged resulted from an influenza vaccination received on October 20, 2010. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 17, 2014, conceding that Ms.

Bowman's condition was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the flu vaccine. Based on this concession and the record, Special Master Christian J.

Moran issued a ruling on June 17, 2014, finding Ms. Bowman entitled to compensation.

A status conference was scheduled to discuss damages. Subsequently, on August 25, 2014, the parties filed a joint stipulation.

Special Master Moran adopted this stipulation as the decision of the Court on August 29, 2014. The stipulation detailed the terms of the compensation award.

Ms. Bowman was awarded a lump sum of $325,000.00, payable to her, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Additionally, a lump sum of $12,634.27 was awarded, payable jointly to Ms. Bowman and her attorney, Andrew D.

Downing of Hennelly & Steadman, P.C., for attorney's fees and costs under 42 U.S.C. § 300aa-15(e). The stipulation also noted that Ms.

Bowman incurred no out-of-pocket litigation expenses. The parties agreed that the stipulation represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by Ms. Bowman.

The attorneys involved were Andrew D. Downing for the petitioner and Gordon E.

Shemin for the respondent.